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CA Clarifies Prohibition on Prior Salary Questions

California's recent Assembly Bill 2282 resolved confusion created by the prior pay equity legislation (AB 1676 (2016) and AB 168 (2017)). AB 168 prohibits questions on applications and during interviews regarding salary history. The law also requires employers to provide a pay scale upon demand by applicants.

Even though employers are still prohibited from questions regarding applicant's current and prior compensation, employers are allowed to discuss how much a job candidate expects to be paid for a particular job. In addition, the request regarding pay scales is now limited to candidates who have interviewed with you already.

Lastly, AB 2282 clarifies that the rule regarding salary history questions applies to applicants who are not employees of the company, and not internal candidates seeking a promotion.

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